DUI as a Defense?
Crazy as it sounds, it could be true. If you are charged with Vehicle Code 2800.1 VC California’s “misdemeanor evading an officer” law in conjunction with a DUI, the DUI could excuse the evading charge.
This is because in order to convict you of Vehicle Code 2800.1 VC California’s “misdemeanor evading an officer” law, prosecutors must first prove that you “specifically intended to evade an officer”. Voluntary intoxication can serve as a defense to this type of “specific intent” crime.
If you can prove that you were so intoxicated to the point that you didn’t realize that you were being pursued by an officer…and therefore didn’t “specifically intend” to flee…you may be entitled to an acquittal on the evading charge.
Of course, you’ll still have to answer for the DUI charge, but you may escape the additional penalties that a VC 2800.1 charge carries…up to six-months in a jail and a maximum $1,000 fine.
